Congress can restrict abortion funding through spending riders the Court will uphold

Evidence

The greatest success pro-life forces enjoyed in Congress was the enactment of the Hyde Amendment, which barred the use of Medicaid funds for abortions except to save the life of the mother. When this law was challenged, the Supreme Court backed away from a confrontation with Congress, upholding the Hyde Amendment by a 5-4 vote. — G. Alan Tarr, Judicial Process and Judicial…, 3126

Categorization

  • XREF: Links to standing doctrine that Congress may attach conditions to federal spending without directly regulating the underlying right.
  • SEED: Angle: how the Hyde Amendment let Congress hollow out a constitutional right without ever banning it — a case study in funding as policymaking.